The key to having a good landlord-tenant relationship is to follow all the guidelines and rules stated by Idaho law. Leasing guidelines may seem similar throughout the country, but there are some states that include particular rules that only apply to their area.
Idaho has been recently considered a fast-growing state, meaning that there's a lot of opportunity for the state's rental housing market. Overall, this state provides a decent amount of rights for landlords and tenants.
In this article, we're going to take a look at the Idaho landlord-tenant law so that you can get a clearer idea of what you can and cannot do while drafting a rental agreement for your property. If you have specific doubts about a rental case in your area, you may seek legal advice from an expert.
Get the quintessential guide to landlord-tenant laws on the go from DoorLoop’s “Landlord’s Guide” series.
Now, let’s dive in.
These are a set of rules that regulate a leasing relationship between the landlord and tenant. Some of these rules are already imposed by Idaho law, whereas other additional clauses may be included by the landlord to fit their leasing needs.
In the state of Idaho, a lease agreement must be written if the lease is longer than one year. However, it's always recommended by property management experts always to include written leases to avoid legal problems in the future.
Generally, a lease agreement should include the following information as a foundation of the document:
Remember that Idaho landlords are allowed to include as many extra clauses as they need, as long as they're compliant with the Idaho code.
Yes! This state is considered landlord-friendly since there is a limited amount of restrictions for the landlord when it comes to fees, evictions, and security deposits.
According to Idaho law, there's a set of rights and obligations that come with every tenancy agreement. These terms must be followed at all times to promote a healthy relationship between the parties involved.
Idaho landlords have the legal right to collect rent when it's due, maintain their property in good repair, and use the security deposit to cover damages that exceed normal wear and tear.
The landlord must keep their property compliant with regular housing parameters in Idaho. Additionally, they have to provide any requested repairs within a 3-day notice. If landlords in Ohio fail to do this, the tenant may seek alternative options to fix the issues.
The Idaho tenant also has a set of guidelines that they have to comply with during their tenancy. It's important to note that the tenant must agree on these terms before signing the lease, and from that point on, they're responsible for keeping everything in good condition.
Tenants have the legal right to live in a place that complies with local housing requirements. On the other hand, they may request repairs from their landlord if there are any significant damages to the property. If the landlord doesn't comply within a reasonable amount of time, the tenant may seek expert help.
The Idaho tenant has an obligation to follow these guidelines:
The following is a list of general clauses that Idaho landlords must include in their written lease to promote a healthy leasing relationship that complies with state laws.
All these clauses are thoroughly explained in the Idaho Code (§§ 55-301 - §§55-308).
There aren't many regulations as to what landlords need to do for rent payments. Overall, they can charge any amount of rent they consider appropriate since the state of Idaho doesn't impose any rent control laws.
It's important to note that landlords in Idaho can increase rent as much as they want. However, they're required to send a 15-day notice to the tenant before they do it.
State laws don't limit landlords in Idaho as to the amount of the late fees they charge. However, they must always be a reasonable amount. Bounced check rent fees are usually limited to three times the value of the check or $100.
As for grace periods, there aren't any obligations from the Idaho Code, meaning that landlords may charge rent fees as soon as the rent goes past its due date.
A security deposit is a safety measure that the landlord may ask to cover unexpected damages and unpaid bills when the tenant leaves the property. According to landlord-tenant laws in Idaho, the landlord may collect any amount of security deposit as they consider appropriate.
While it's not recommended by the Idaho Code to provide a receipt for the security deposit, it's considered good practice to do so.
The landlord must return the deposit within 21 days of the tenant leaving (This period can be extended to 30 days). If the landlord doesn't do this with reason, tenants may file a claim. On the other hand, if the landlord plans to withhold the deposit partially, they must send an itemized list of everything they're withholding. Keep in mind that landlords aren't allowed to withhold a deposit to cover required repairs for damages considered "normal" wear and tear. However, they may use it to cover damages that exceed these criteria.
When it comes to a lease termination in Idaho, notice should be sent by tenants depending on the type of lease they're having. Here's an overview of the minimum notice required in each case:
Alternatively, tenants can break the lease before it ends in the following cases:
As for evictions, landlords have the right to evict a tenant for any of the following reasons:
Landlords must give at-will tenants 30 days of written notice before they get evicted from the property. However, fixed-term tenants may not receive any kind of eviction notice if the landlord doesn't consider it necessary. Landlords must not evict a tenant in retaliation.
For your own lease agreement template for Idaho, visit DoorLoop's Forms Page and download the PDF or Word template.
According to the Idaho Human Rights Commission and the Fair Housing Act, landlords must not discriminate against their tenant based on their familial status, color, race, national origin, religion, or disability.
If the tenant feels that they have become a victim of housing discrimination in Idaho, they can file a complaint online.
A small claims court in this state can hear rent-related cases with a value of $5,000 or less. It's important to note that these courts don't handle eviction cases.
The Idaho Code is fairly flexible with landlord-tenant guidelines, meaning that the landlord can include as many clauses for the tenant in the lease as they consider appropriate (As long as they're compliant with the law). All leases are different, so keep an eye out for every detail before signing up the rental document.
Overall, both parties have the right to live in a rental property that complies with general state guidelines, so if everyone can comply with the basic instructions stated on the rental document, the leasing relationship is likely to be positive.
If you have any additional questions regarding laws for landlords and tenants in the state, or you want to draft a lease that fits your case, make sure to seek help from a lawyer or real estate manager.
